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Environmental Enforcement in Ontario
No one wants to be on the receiving end of an environmental enforcement action. There are often fines involved, sometimes significant fines. Beyond the fines and bad public relations, the cause for the “event” still must be addressed. Below are a couple of recent enforcement events in Ontario. Federal Enforcement in Kitchener According to the Canadian Government, on June 24, 2021, Drewlo Holdings Inc. (in Kitchener, ON) entered into an alternative measures agreement with the Director of Public Prosecutions acting under and on behalf of...
read moreOffice of Auditor General 2021 Report: Critical of Ontario’s Environmental Management
In our September 21st blog, we shared the news that the Ontario Divisional Court ruled that the Ontario Government broke the law by failing to consult with the public. This obligation to consult with the public is spelled out in the Ontario Bill of Rights. It should be noted that the above criticism and subsequent ruling was with respect to actions taken under Bill 197, the COVID–19 Economic Recovery Act. 2021 Annual Report Critical of Environment Ministry The recently released Annual Report from the Office of Auditor General was equally...
read moreThe Problem of Sewage
As our global and national population continues to grow, there are events that naturally follow. For example, in 1950 the population of Toronto was about 1,068,305. By 2021, the population had risen to 6,254,571. That growth means more homes, more good and services, more roads, more parking lots and rooftops. Where rainwater used to fall onto undeveloped areas, it is now collected, channeled, and in too many cases, combined with sanitary sewage. During times of heavy rain, something we saw plenty of in the summer of 2021, this creates...
read moreMore Enforcement and Controversial Trudeau Appointment
In our October 18th blog, we shared news of environmental enforcement and that at least one law firm is suggesting there have been larger monetary penalties over the past several years. With Prime Minister Trudeau’s appointment of a former Greenpeace Activist, Steven Guilbeault, to the Minister of Environment and Climate Change, there are new concerns about future policies and enforcement. Construction Firm Pays $100,000 First, more enforcement news. On October 4, 2021, EllisDon Construction Services, Inc. was sentenced in the Provincial...
read more$2.5 Million Fine and Potential Uptick in Enforcement
Maintaining rail lines is an essential part of railroad operations. Quickly growing invasive weeds and woody plants can play havoc and is a safety hazard for railroad operations. Vegetation management is commonly achieved by the application of pesticides (pre and post emergent). Maintaining these lines must be done in a manner that is safe and protective of the environment. Environmental Violations Canadian National (CN) Railway was fined for improper application of pesticides. This violation ($100,000) was reported in May 2021. The second...
read moreHistorical Contamination, Responsible Parties, and Lessons
You may have followed the Albert Bloom Limited v. London Transit Commission, 2021 ONCA 74 (CanLII) case earlier this year. It was a fairly small settlement but it was a complicated case involving several parties over decades and centered on trichloroethylene (TCE) contamination that occurred in the 1940s. The lessons from the case (that is summarized below), are about being proactive when you are provided evidence of contamination emanating from your property. Additionally, some lawyers point to the importance of due diligence when...
read moreOntario Government Broke the Law
On September 3, 2021, The Ontario Divisional Court ruled that the Ontario Government broke the law when it failed to consult with the public as required under the Environmental Bill of Rights (EBR). See Greenpeace Canada (2471256 Canada Inc.) v. Ontario (Minister of the Environment, Conservation and Parks), 2021 ONSC 4521 (CanLII). Bill 197 The issue is the passage of Bill 197, COVID-19 Economic Recovery Act (CERA), 2020 without public consultation as required under the EBR. More specifically, as reported by the CBC was the failure “… to...
read moreSupreme Court of Canada Sides with First Nations
We recently discussed an environmental dispute between Domtar and a First Nations Community that may be headed to court. Another First Nations dispute settled recently in the Nation’s highest court, the Supreme Court of Canada. While the case is not what I thought at first glance (excess water), it is an interesting “history lesson” nonetheless. The Lac Seul First Nation Land Flooded The issue dates back to the 1920s when Canada and the provinces of Manitoba and Ontario decided to flood land as a potential storage area for a large...
read moreIndigenous Community Prepares for Legal Action
Michipicoten First Nation and Domtar are at odds over an environmental matter that reportedly is affecting the First Nation Community. Michipicoten Preparing for Legal Action against Domtar According to a CBC Report, “An Indigenous community in northern Ontario says it’s preparing legal action against pulp and paper producer Domtar, alleging the company isn’t cleaning up contamination.” The CBC report says that the Michipicoten First Nation is alleging substances from Domtar’s wood waste site near Chapleau have leached into the soil and...
read more“Huge” PFAS Agreement in Ontario
In our May 3, 2021 blog (“PFAS Contamination and Release to Lake Ontario”), we briefly reported on the PFAS contamination from a Department of National Defence (DND) site in North Bay, Ontario. Now, according to North Bay Councillor, Chris Mayne, the City of North Bay and the DND have reached a “huge agreement.” Background Per- and polyfluoroalkyl substances (PFAS) are a group of more than 9,000 chemicals that have been used in consumer and industrial products (including firefighting foam) for decades. They are ubiquitous throughout the...
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